In re Stewart

By the Court.

The relator was tried before a justice of the peace and convicted of “unlawfully and willfully assaulting and beating Jennie Stewart, by striking said Jennie Stewart with his fist,” etc. The justice thereupon imposed a fine of fifty dollars upon the relator, and sentenced him “to three months’ imprisonment in the county jail of Gage county,” etc. He now seeks a discharge upon habeas corpus, upon the ground that the sentence is unauthorized.

Sec. 18, art. VI. of the constitution provides that “Justices of the peace and police magistrates shall be elected in and for such districts,…